Prabhu Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34718 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Prabhu Dayal Singh Son of Nand Jee Singh Resident of Village - Maidaniya,P.S. - Mairwa, Distt - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Siwan Excise Case No. 53 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, the police has recovered total 720 liter illegal country-made liquor from two vehicles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. He further submits

Patna High Court CR. MISC. No.34718 of 2024(2) dt.06-05-2024 2/3 that nothing incriminating has been recovered from the physical/conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case.

5. Learned counsel for the petitioner further submits that the co-accused Kumar Gaurav @ Sujit Kumar Yadav and Rohit Kumar Gaur have been granted regular bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 26071 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.34718 of 2024(2) dt.06-05-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Siwan Excise Case No. 53 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T